Common use of DEFAULT ON DELIVERY Clause in Contracts

DEFAULT ON DELIVERY. If during the Contract period an Authorized User has issued a Purchase Order on or before Final Order Due Date for a Vehicle, and that Vehicle becomes unavailable or cannot be supplied for any reason (except as provided for in Appendix B §48 Savings/Force Majeure), following the issuance of the Purchase Order, a substitute Vehicle deemed by the Authorized User to be equal to the specifications for the Vehicle specified in the Mini-Bid, must be supplied by Contractor if requested by the Authorized User. If the Vehicle awarded in the Mini-Bid (i.e., Model Year, Make, Model, Model Code) is not available or not deemed equal to the specifications for the Vehicle specified in the Mini-Bid, then Contractor must supply a similar vehicle that meets the specifications for the Vehicle provided in the Mini-Bid. The price for substitute Vehicles shall be equal to or less than the Base NYS Vehicle Price for the Vehicle provided in the Mini-Bid. Alternatively, the Authorized User may, at their sole discretion, cancel the order and purchase the Vehicle from other sources. In such event the Contractor shall reimburse the Authorized User for all excess costs over the contract price.

DEFAULT ON DELIVERY. If during the Contract period an Authorized User has issued a Purchase Order on or before Final Order Due Date for a Vehicle, and that Vehicle becomes unavailable or cannot be supplied for any reason (except as provided for in Appendix B §48 Savings/Force Majeure), following the issuance of the Purchase Order, a substitute Vehicle deemed by the Authorized User to be equal to the specifications for the Vehicle specified in the Mini-Bid, must be supplied by Contractor if requested by the Authorized User. If the Vehicle awarded in the Mini-Bid (i.e., Model Year, Make, Model, Model Code) is not available or not deemed equal to the specifications for the Vehicle specified in the Mini-Bid, then Contractor must supply a similar vehicle that meets the specifications for the Vehicle provided in the Mini-Bid. The price for substitute Vehicles shall be equal to or less than the Base NYS Vehicle Price for the Vehicle provided in the Mini-Bid. Alternatively, the Authorized User may, at their sole discretion, cancel the order and purchase the Vehicle from other sources. In such event the Contractor shall reimburse the Authorized User for all excess costs over the contract price.